FEC moves on outdated rules

It’s been more than two years since the Supreme Court tossed out restrictions on corporate and labor unions’ spending on political ads, but the Federal Election Commission is just getting around to overhauling its rulebook.

The panel met Wednesday to hear from the public on its plans to eliminate the old regulations. Some groups are hammering the agency for taking so long.

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“It is troubling that you have not addressed the clear implications of Citizens United as to what regulations now need to be repealed and brought into compliance,” said Jim Bopp, the conservative attorney who successfully argued the 2010 Citizens United v. Federal Election Commission case.

The FEC has announced a policy that it wouldn’t enforce any of the now obsolete rules, but Bopp said that isn’t good enough. “Look, how many people out there know that you have policies? Many more would know you have regulations. They’d look at them and assume that they’re still obligated to comply with those,” Bopp told the commissioners.

Labor lawyer Laurence Gold commended the panel for “finally” issuing a draft rule and holding a hearing. “We think it’s very important that the regulations comply with the law so as not to confuse, or chill, those who are regulated, and not to maintain what could be traps for the unwary,” he said.

The delay isn’t out of the ordinary at the agency, where the panel split 3-3 along party lines typically has trouble reaching consensus on controversial issues.

Democrats had hoped to use the new rulemaking as a vehicle for writing new requirements to force more disclosure of political donors. But the Republicans on the panel blocked that effort in December.

One Democrat on the panel, Steven Walther, questioned Wednesday whether the panel should wait even longer to scratch the old rules.

There’s a chance the Supreme Court will delve into the issue again, if it agrees to hear arguments in a Montana case where a lower court upheld the state’s ban on independent expenditures by corporations in state and local political campaigns.

If the high court takes it on, Walther said, “then there’s a potential for some kind of perhaps rethinking of some issues and I’m wondering if it might be responsible on our part to sit tight and see what the Supreme Court might be doing.”

The court last month stayed the Montana decision, but some campaign finance reform advocates see an opportunity to revisit Citizens United.

Bopp, who is also involved in the Montana case, said the panel doesn’t have that option.

“If one would be hoping for reversal of Citizens United, you’re not free as an agency to wait until that happens,” he said. “You’re obligated to comply.”